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DOTO v. RUSSO

140 N.J. 544 (1995)

659 A.2d 1371

GERARD DOTO AND MARIA DOTO, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. ANTHONY RUSSO AND RUSSO AGENCY, DEFENDANTS-RESPONDENTS, AND UTICA MUTUAL INSURANCE CO., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Robert D. Kretzer argued the cause for appellant (Lamb, Hartung, Kretzer, Reinman & DePascale, attorneys).

E. Carter Corriston argued the cause for respondents Gerard Doto, et al. (Breslin and Breslin, attorneys; Mr. Corriston and Lawrence Z. Farber, on the brief).

James A. Vasios argued the cause for respondents Anthony Russo, et al. (Hurley & Vasios, attorneys; Mr. Vasios and Joanne O. McGovern, on the brief).

PER CURIAM.

Utica Mutual Insurance Company (Utica) seeks a judgment declaring that it is not obligated under its commercial-umbrella liability policy to provide underinsured motorist (UIM) coverage to its insured. Based on the unique facts present in this case, the trial court found that Utica is so obligated. A divided panel of the Appellate Division affirmed in an unreported opinion. Utica appeals to this Court as of right. See R. 2:2-1(a)(2).

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